When Is a Conservatorship Needed?

Understanding When and Why a Conservatorship Becomes Necessary

When a loved one can no longer make sound medical or financial decisions, families are often faced with difficult choices. In California, a conservatorship is a legal tool designed to protect individuals who cannot care for themselves or manage their affairs due to illness, cognitive decline, or disability.

At HBA, we help families navigate the conservatorship process with clarity, compassion, and confidence—so you can focus on what matters most: your loved one’s well-being.

What Is a Conservatorship?

A conservatorship is a court-supervised process where a judge appoints a conservator—a trusted individual or organization—to make decisions on behalf of someone who is no longer able to do so. The person receiving help is called the conservatee.

There are generally two types of conservatorships in California:

• Conservatorship of the Person: The conservator makes decisions about healthcare, living arrangements, and personal care.

• Conservatorship of the Estate: The conservator manages finances, assets, and property for the conservatee.

When Is a Conservatorship Needed?

A conservatorship is typically needed when:

• A person can no longer make informed medical or financial decisions, and

• They do not have valid powers of attorney in place—or their appointed agent is unable or unwilling to act responsibly.

Without a power of attorney, no one has the legal authority to make essential decisions, such as managing bank accounts, paying bills, or approving medical care. A conservatorship ensures that someone trustworthy can step in legally to protect that individual’s best interests.

Why a Power of Attorney Might Not Be Enough

A power of attorney allows someone to act on your behalf, but to sign one, you must be legally competent. Once a person loses capacity—such as in cases of dementia, Alzheimer’s disease, or severe brain injury—they can no longer execute legal documents.

In these cases, a conservatorship becomes the only legal way to ensure proper care and financial protection.

What Powers Does a Conservator Have?

The powers granted to a conservator depend on the court’s order, but they may include the ability to:

• Apply for and manage government benefits (Social Security, VA, Medi-Cal, etc.)

• Access income and pay the conservatee’s expenses

• Choose medical providers and facilities

• Make healthcare decisions and authorize treatment

• Protect against financial exploitation or neglect

Each conservatorship is customized to meet the specific needs of the conservatee—whether that means managing all affairs or handling only certain aspects.

The Conservatorship Process in California

The process begins when a petition is filed with the court, supported by detailed documentation showing why a conservatorship is necessary.

In a typical (non-emergency) case:

• The court reviews the petition,

• Notifies interested parties,

• And holds a hearing to determine if the conservatorship is appropriate and the least restrictive option available.

In an emergency (temporary) conservatorship:

When someone is at immediate risk of harm or financial abuse, the court can appoint a temporary conservator quickly—sometimes within days—to ensure their safety. A follow-up hearing confirms or modifies that appointment.

Who Can File for a Conservatorship?

Anyone concerned about an individual’s welfare—family members, caregivers, or even medical facilities—can file for conservatorship. However, the court ultimately decides who will serve as conservator, giving preference to family members when appropriate.

If no family member is willing or qualified, the court may appoint a licensed California attorney or professional fiduciary.

Can Conservators Share Responsibilities?

Yes. In many cases, courts appoint co-conservators, allowing one person to handle medical decisions and another to manage finances. This flexibility ensures that each conservator focuses on their area of strength and that the conservatee receives well-rounded care.

Are Conservators Personally Liable?

No. A conservator is not personally responsible for the conservatee’s debts, actions, or legal issues. Their role is to act in good faith and in the conservatee’s best interests, but they are protected from personal liability for the conservatee’s independent actions.

Preparing Before a Conservatorship Becomes Necessary

The best time to plan is before a crisis occurs. By creating a comprehensive estate plan that includes powers of attorney, trusts, and advanced healthcare directives, families can often avoid the need for conservatorship altogether.

If your loved one is already struggling to manage daily life or finances, consulting a California conservatorship attorney can help you understand your options and protect their rights.

Your Partner in Planning and Protection

At [Your Firm Name], we guide families through the conservatorship and estate planning process with empathy, expertise, and practical solutions. Whether you’re planning ahead or responding to an urgent situation, our team will help you find the right legal path to protect your loved one’s future.